Denying to marry after making sexual relationship Denying to marry after making sexual relationship

3 years ago

Hello,
I found your number from your website.
I am 30 year old female and with my consent my boyfriend made sexual relationship with me.
Although i told him earlier that i have feelings for him and i want to be with him, he is denying to marry me when i asked him to do so.
Please help me to understand this situation properly and please tell me my legal rights for this case.
Thank you

Mradul Bhatnagar

Responded 3 years ago

A.As you have mentioned that the relationship was made with your consent, it will not help you to take legal action against her. I would suggest you please meet the lawyer personally for better advice. As I have handled several cases like this and this type of matter are very sensitive and serious matters in nature. Giving advice on this platform will not be possible.
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Vidhi Samaadhaan Vidhi Samaadhaan

Jagannath S Pawar

Responded 3 years ago

A.As you have consented for sex it cannot be a case of rape even if you succeed to lodge it so. To the most you can think of utilizing criminal remedy of filing criminal complaint for cheating and breach of trust if you have sufficient material to prove your charge. Otherwise take some other route like help from common friends and relatives to resolve the issue. For further elaboration plz contact through Vidhikarya. Thanks
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Rameshwar Dadhe

Responded 3 years ago

A.If he was agree to marry with you or promise to marry. In such situations you can file complaint against them. Sexual consent not a rape
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Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
Even though you had given your consent for the sexual intercourse, you can file a suit against the said person for the charges of "RAPE" under the Indian Penal Code because of the false promise of marriage for obtaining consent for sexual intercourse. It is not considered valid consent in the eyes of the law and would be charged under Section 375 of the IPC which criminalizes the offense of "Rape".
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 3 years ago

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A.Hi,
This false promise of marriage for obtaining consent for sexual intercourse is considered as a ‘misconception of fact’ within the meaning of Section 90 of the Indian Penal Code, 1860. Thus, it is not considered valid consent in the eyes of the law and would be charged under Section 375 of the IPC which criminalizes the offense of "Rape".a suit can be filed against the person for the charges of Rape.
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Vidhi Samaadhaan Vidhi Samaadhaan

Sanjay Kumar Jha

Responded 3 years ago

A.Dear Client,
In the eyes of Law, committing some thing to do, or promise to do and thereafter failing to do it is Illegal. However, u had have consented sex, that can not be converted to rape , which may be filed by u in court. If u have solid proof then move . But failing to commit to marry after having sex with you can also be punished. But that would be hard to prove. You have been cheated, he made u to be intimate, on the name of marriage , u may opt to file FIR.
Thsnks
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